9°c A few clouds
8°c Light rain
Winnipeg Free Press - PRINT EDITION
Agency takes fight over home to court
NEW Directions is taking the rural municipality of Springfield to court for refusing to allow a home for two intellectually disabled men to open just outside Winnipeg.
The non-profit agency caring for the affected clients has asked the court to rule on whether the municipality is violating the Canadian Charter of Rights and Freedoms by using a bylaw to keep them out.
"We're pushing forward with this," said Shereese Qually, the lawyer representing New Directions.
Late last year, New Directions filed a complaint with the Manitoba Human Rights Commission saying the men were being discriminated against based on their disability.
"The human rights commission process can take a long time," Qually said.
The Manitoba Human Rights Commission will try to get the two sides together to work things out, but Springfield is refusing, Qually said.
"We were hopeful we could pursue mediation," she said. "The RM decided it's not interested."
Rather than wait years for the human rights commission to process the complaint, New Directions is going to court, Qually said. The agency and its clients can't afford to wait, she said.
New Directions bought the home in April for two clients with special needs to live in with two support staff. The zoning bylaw says single-family dwellings are allowed in the rural residential zone where New Directions purchased the bungalow. The municipality defines a family as "a group of not more than four persons who may not be related by blood or marriage occupying a dwelling unit and living together as a single housekeeping unit." The municipality, however, insists the home must be rezoned to institutional for them to live there as a "group home."
Springfield's interpretation of the zoning bylaw violates the residents' Charter right to equality before the law without discrimination based on mental or physical disability, the court application says.
New Directions is asking the court to declare that it can use the home as a single-family dwelling for its clients and staff and that Springfield's bylaw was in violation of the Charter of Rights and Freedoms. It also wants Springfield to be forced to pay court costs.
Springfield Reeve Jim McCarthy did not respond to a request for comment.
The application goes before a judge Tuesday morning in Winnipeg.
Republished from the Winnipeg Free Press print edition January 22, 2011 A8
More Local
- Back to Top
- Return to Local
Poll
Proudly brought to you by:
Most Popular Local
- Thieves strip $20K worth of copper wiring from gravel pit
- Cyclist killed on Higgins Avenue was passionate mentor, volunteer
- Pukatawagan RCMP looking for two dangerous suspects
- Union Station to receive $6.5-million makeover
- Gang members get lengthy sentences for jailhouse beating
- Man hit before fatal blow, friend testifies
- Ex-Bomber sued for $4.8M
- WWE's Jericho breaks code in Brazil
- Every year 4,000 children reported missing in Manitoba
- Ex-Hydro boss slams closure
- Bear pulls camper from outhouse, before being shot
- Cyclist killed in collision on Higgins identified
- Cyclist killed on Higgins Avenue was passionate mentor, volunteer
- A SHED is not enough
- Football star's fatal punch probed at manslaughter trail
- Cyclist killed in Higgins Avenue crash
- Severe storm warning issued
- Sex-scandal inquiry to be heard in city
- Winnipeg man recovering after campground bear attack
- Man hit before fatal blow, friend testifies
- Boozy night out, lying cost city man big bucks
- Neighbours shaken by two deaths
- Teen hit by vehicle on Pembina
- Rapid buses rattling homes
- Severe storm warning issued
- Has Gimli gone to pot?
- Bear pulls camper from outhouse, before being shot
- Cyclist killed in collision on Higgins identified
- Triple whammy hits homes
- Cyclist killed on Higgins Avenue was passionate mentor, volunteer
- Cyclist killed on Higgins Avenue was passionate mentor, volunteer
- Pukatawagan RCMP looking for two dangerous suspects
- Ex-Hydro boss slams closure
- His life made our world a better place
- At 100, she's still winning friends and winning at bridge
- Band, council defy feds on aid
- Hydro headquarters named Canada's greenest office tower
- Cummings steps out of reunion for sick mom
- Katz ponders sanity of new rules
- Union Station to receive $6.5-million makeover
- Bear pulls camper from outhouse, before being shot
- Pooch paradise, where champion beagles run free
- His life made our world a better place
- Winnipeg man recovering after campground bear attack
- Scientists lash Harper government for pulling plug on Experimental Lakes Area
- He was enjoying view, bear came out of blue
- Weeding out the chemicals
- Diplomat saved thousands from Hitler
- U of W rejects copyright deal as 'money grab'
- Chemicals not par for the course
- Bear pulls camper from outhouse, before being shot
- Has Gimli gone to pot?
- Pooch paradise, where champion beagles run free
- His life made our world a better place
- Scientists lash Harper government for pulling plug on Experimental Lakes Area
- RRC's old gem a beauty
- Attack on hockey ref nets jail time
- Our Village is as good as it gets
- Judge faces second complaint
- Winnipeg man recovering after campground bear attack
Ads by Google
You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.
The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010; View the changes. New to commenting? Check out our Frequently Asked Questions.